Opinion
Department One
Appeal from an order of the Superior Court of Monterey County refusing a new trial.
COUNSEL:
Section 7 of the insolvent act of 1880, authorizing a service of the notice to creditors either by mail or personally, should be construed that if the creditor is a non-resident he may be served by mail; otherwise, the service must be personal.
Wm. H. Webb, for Appellant.
N. A. Dorn, and W. M. R. Parker, for Respondent.
OPINION
THE COURT
1. Defendant could be discharged, under the insolvent act of 1880, from a debt contracted in 1878. (Hundley v. Chaney , 65 Cal. 363.)
2. The act of 1880, p. 83, § 7, authorizes a service by mail or personally. Either form of service is sufficient.
Orders affirmed.